Texas 2021 - 87th 3rd C.S.

Texas Senate Bill SJR12 Compare Versions

Only one version of the bill is available at this time.

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1	1	87S30124 BEF-F
2	2	By: Menéndez, Eckhardt S.J.R. No. 12
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment establishing the Texas
7	7	Redistricting Commission to redistrict the Texas Legislature and
8	8	Texas congressional districts and revising procedures for
9	9	redistricting.
10	10	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article III, Texas Constitution, is amended by
12	12	adding Sections 28a, 28b, and 28c to read as follows:
13	13	Sec. 28a. (a) After each United States decennial census,
14	14	the Texas Redistricting Commission described by Section 28b of this
15	15	article shall adjust the boundary lines of the districts for the
16	16	election of the members of the United States House of
17	17	Representatives elected from this state, the members of the Texas
18	18	Senate, and the members of the Texas House of Representatives in
19	19	accordance with the standards and process provided by Section 28b
20	20	of this article.
21	21	(b) Districts described by Subsection (a) of this section
22	22	must be single-member districts, each entitled to elect one member
23	23	of the United States House of Representatives, the Texas Senate, or
24	24	the Texas House of Representatives, as applicable.
25	25	Sec. 28b. (a) In this section:
26	26	(1) "Census year" means a calendar year in which the
27	27	United States decennial census is taken.
28	28	(2) "Commission" means the Texas Redistricting
29	29	Commission.
30	30	(3) "Majority party" means, with respect to a
31	31	commission member, the political party with the most total votes
32	32	cast in the four statewide primary elections preceding the member's
33	33	appointment.
34	34	(4) "Minority party" means, with respect to a
35	35	commission member, the political party with the second highest
36	36	number of total votes cast in the four statewide primary elections
37	37	preceding the member's appointment.
38	38	(5) "Statewide primary election" means an election
39	39	held by a political party to select its nominee for governor or for
40	40	President of the United States. The term does not include a runoff
41	41	primary election.
42	42	(b) Not later than December 31 of each census year, the
43	43	members of the Texas Redistricting Commission shall be appointed
44	44	and the commission shall commence the redistricting process for the
45	45	districts described by Section 28a(a) of this article in connection
46	46	with the census taken that year.
47	47	(c) The commission members shall:
48	48	(1) conduct an open and transparent process enabling
49	49	full public consideration of, and comment on, the drawing of
50	50	district lines;
51	51	(2) draw district lines according to the redistricting
52	52	criteria specified in this section; and
53	53	(3) conduct themselves with integrity and fairness.
54	54	(d) The selection process for commission members is
55	55	designed to produce a commission that is independent from
56	56	legislative influence and reasonably representative of this
57	57	state's diversity.
58	58	(e) The commission consists of 14 members as follows:
59	59	(1) five majority party members, each of whom:
60	60	(A) voted in at least three of the four statewide
61	61	primary elections preceding the member's appointment held by the
62	62	majority party;
63	63	(B) did not vote in any of the four statewide
64	64	primary elections preceding the member's appointment held by a
65	65	political party other than the majority party; and
66	66	(C) voted in each of the four general elections
67	67	preceding the member's appointment in which the office of governor
68	68	or President of the United States appeared on the ballot;
69	69	(2) five minority party members who:
70	70	(A) voted in at least three of the four statewide
71	71	primary elections preceding the member's appointment held by the
72	72	minority party;
73	73	(B) did not vote in any of the four statewide
74	74	primary elections preceding the member's appointment held by a
75	75	political party other than the minority party; and
76	76	(C) voted in each of the four general elections
77	77	preceding the member's appointment in which the office of governor
78	78	or President of the United States appeared on the ballot; and
79	79	(3) four independent members who:
80	80	(A) did not vote in any of the four statewide
81	81	primary elections preceding the member's appointment; and
82	82	(B) voted in each of the four general elections
83	83	preceding the member's appointment in which the office of governor
84	84	or President of the United States appeared on the ballot.
85	85	(f) The term of office of each commission member expires at
86	86	the time the first commission member is appointed in the next census
87	87	year.
88	88	(g) Nine commission members constitute a quorum. The
89	89	affirmative vote of at least nine commission members is required
90	90	for any official commission action. Each final redistricting map
91	91	must be approved by the affirmative vote of at least nine commission
92	92	members, including at least three majority party members, at least
93	93	three minority party members, and at least three independent
94	94	members, as provided by Subsection (e) of this section.
95	95	(h) Each commission member shall apply this section and
96	96	Sections 28a and 28c of this article in a manner that is impartial
97	97	and that reinforces public confidence in the integrity of the
98	98	redistricting process.
99	99	(i) A commission member is ineligible for a period of 10
100	100	years beginning on the date of appointment to hold a federal,
101	101	state, county, or municipal office elected from this state. A
102	102	commission member is ineligible for a period of five years
103	103	beginning on the date of appointment to:
104	104	(1) hold an appointed federal office representing this
105	105	state;
106	106	(2) hold an appointed state or local office in this
107	107	state;
108	108	(3) serve as a paid employee of or as a paid consultant
109	109	to:
110	110	(A) a member of the United States Congress
111	111	elected from this state;
112	112	(B) the legislature; or
113	113	(C) a member of the legislature; or
114	114	(4) register as a lobbyist in this state.
115	115	(j) The commission shall establish districts described by
116	116	Section 28a(a) of this article through a mapping process using the
117	117	following criteria in the following order of priority:
118	118	(1) all districts must comply with the United States
119	119	Constitution;
120	120	(2) districts for the election of members of the
121	121	United States House of Representatives must achieve population
122	122	equality as nearly as is practicable;
123	123	(3) districts for the election of members of the Texas
124	124	Senate and Texas House of Representatives must have reasonably
125	125	equal population with other districts for the same office except
126	126	where deviation is required to comply with the Voting Rights Act of
127	127	1965 (52 U.S.C. Section 10101 et seq.) or is allowable by law;
128	128	(4) all districts must comply with the Voting Rights
129	129	Act of 1965 (52 U.S.C. Section 10101 et seq.);
130	130	(5) all districts must be geographically contiguous;
131	131	(6) the geographic integrity of each municipality,
132	132	county, local neighborhood, and local community of interest must be
133	133	respected in a manner that minimizes its division to the extent
134	134	possible without violating the requirements of any of the preceding
135	135	subdivisions of this subsection; and
136	136	(7) to the extent practicable and to the extent that
137	137	compliance with this subdivision does not preclude compliance with
138	138	any of the preceding subdivisions of this subsection, districts
139	139	must be drawn to encourage geographical compactness so that nearby
140	140	areas of population are not bypassed for more distant population.
141	141	(k) For purposes of Subsection (j)(6) of this section, a
142	142	community of interest is a contiguous population that shares common
143	143	social and economic interests that should be included within a
144	144	single district for purposes of that population's effective and
145	145	fair representation. Examples of shared social and economic
146	146	interests are those interests common to an urban area, a rural area,
147	147	an industrial area, or an agricultural area and those interests
148	148	common to areas in which the people share similar living standards,
149	149	use the same transportation facilities, have similar work
150	150	opportunities, or have access to the same media of communication
151	151	relevant to the election process. Communities of interest may not
152	152	be determined based on relationships with political parties,
153	153	incumbents, or political candidates.
154	154	(l) The place of residence of any incumbent or political
155	155	candidate may not be considered in the creation of a map. Districts
156	156	may not be drawn for the purpose of favoring or discriminating
157	157	against an incumbent, political candidate, or political party.
158	158	(m) To the extent practicable, districts should be numbered
159	159	based on geography. Districts bordering Arkansas should be assigned
160	160	the lowest district numbers, with districts to the west and south
161	161	assigned progressively higher district numbers.
162	162	(n) Not later than the 135th day after the date the United
163	163	States Bureau of the Census delivers to this state the P.L. 94-171
164	164	redistricting data, or the successor in function to that data, from
165	165	a United States decennial census, the commission shall approve
166	166	final maps that separately set forth the boundary lines of the
167	167	districts for the election of the members of the United States House
168	168	of Representatives elected from this state, the members of the
169	169	Texas Senate, and the members of the Texas House of
170	170	Representatives. On approval, the commission shall certify each
171	171	final map to the secretary of state.
172	172	(o) The commission shall issue, with each of the three final
173	173	maps, a report that explains the basis on which the commission made
174	174	its decisions in achieving compliance with the criteria listed in
175	175	Subsection (j) of this section and shall include definitions of the
176	176	terms and standards used in drawing each final map.
177	177	(p) If the commission fails to approve a final map with the
178	178	vote and by the date required by this section, the secretary of
179	179	state shall immediately petition the Texas Supreme Court for an
180	180	order directing the appointment of special masters to adjust the
181	181	boundary lines of the districts required to be included in that map
182	182	in accordance with the redistricting criteria and requirements
183	183	provided by Subsections (j), (k), (l), and (m) of this section. On
184	184	approval of the special masters' map, the Texas Supreme Court shall
185	185	certify the map to the secretary of state and the map constitutes
186	186	the certified final map for the districts included in the map.
187	187	(q) The boundary lines of the districts contained in a
188	188	certified final map apply beginning with the next statewide general
189	189	election and any corresponding primary elections.
190	190	(r) The legislature shall appropriate to the state auditor
191	191	and the commission amounts sufficient to implement the
192	192	redistricting process required by this section, Sections 28a and
193	193	28c of this article, and general law. The amounts appropriated must
194	194	provide adequate funding for a statewide outreach program to
195	195	solicit broad public participation in the redistricting process,
196	196	including the solicitation of applicants for commission
197	197	membership, and provide adequate funding for office and meeting
198	198	space for the commission's operations.
199	199	(s) Consistent with this section and Sections 28a and 28c of
200	200	this article, the legislature by general law shall provide
201	201	procedures for selecting the members of the commission and may
202	202	provide provisions governing the powers, duties, and operations of
203	203	the commission. After enactment, the legislature may not
204	204	subsequently amend that general law unless:
205	205	(1) by the same vote required for the adoption of a
206	206	final map, the commission recommends amendment of that general law
207	207	to carry out the purpose and intent of this section and Sections 28a
208	208	and 28c of this article;
209	209	(2) the bill to enact the amendment is approved by a
210	210	vote of at least two-thirds of all the members elected to each house
211	211	of the legislature and becomes law in a manner described by Section
212	212	14, Article IV, of this constitution;
213	213	(3) the bill to enact the amendment is printed and
214	214	distributed in each house of the legislature at least 12 days before
215	215	final passage by the legislature;
216	216	(4) the amendment furthers the purposes of this
217	217	section and Sections 28a and 28c of this article; and
218	218	(5) the amendment is passed by the legislature in a
219	219	year not ending in the numeral 9, 0, or 1.
220	220	Sec. 28c. (a) The Texas Redistricting Commission has sole
221	221	standing to defend a legal challenge to a final map certified under
222	222	Section 28b of this article. The legislature shall provide adequate
223	223	funding and other resources to the commission to defend a certified
224	224	final map. The attorney general shall, at the commission's request,
225	225	represent the commission in defense of a certified final map. The
226	226	commission may, in its sole discretion, retain legal counsel other
227	227	than the attorney general to represent the commission in defense of
228	228	a certified final map.
229	229	(b) The Texas Supreme Court has original and exclusive
230	230	jurisdiction in all proceedings in which a certified final map is
231	231	challenged or is claimed not to have taken timely effect.
232	232	(c) Any registered voter in this state may file a petition
233	233	for a writ of mandamus or writ of prohibition, not later than the
234	234	45th day after a final map is certified to the secretary of state,
235	235	to bar the secretary of state from implementing the map on the
236	236	grounds that the map violates this constitution, the United States
237	237	Constitution, or any federal or state statute.
238	238	(d) The Texas Supreme Court shall give priority to ruling on
239	239	a petition for a writ of mandamus or a writ of prohibition filed
240	240	under Subsection (c) of this section. If the supreme court
241	241	determines that a final certified map violates this constitution,
242	242	the United States Constitution, or any federal or state statute,
243	243	the court shall fashion the relief that the court deems
244	244	appropriate, including the relief described by Section 28b(p) of
245	245	this article.
246	246	SECTION 2. Sections 7a(e) and (i), Article V, Texas
247	247	Constitution, are amended to read as follows:
248	248	(e) Unless the legislature enacts a statewide
249	249	reapportionment of the judicial districts following each federal
250	250	decennial census, the board shall convene not later than the first
251	251	Monday of June of the third year following the year in which the
252	252	federal decennial census is taken to make a statewide
253	253	reapportionment of the districts. The board shall complete its
254	254	work on the reapportionment and file its order with the secretary of
255	255	state not later than August 31 of the same year. If the Judicial
256	256	Districts Board fails to make a statewide apportionment by that
257	257	date, the Texas [Legislative] Redistricting Commission [Board]
258	258	established by Article III, Section 28b [28], of this constitution
259	259	shall convene on September 1 of the same year to make a statewide
260	260	reapportionment of the judicial districts not later than the 90th
261	261	[150th] day after the final day for the Judicial Districts Board to
262	262	make the reapportionment.
263	263	(i) The legislature, the Judicial Districts Board, or the
264	264	Texas [Legislative] Redistricting Commission [Board] may not
265	265	redistrict the judicial districts to provide for any judicial
266	266	district smaller in size than an entire county except as provided by
267	267	this section. Judicial districts smaller in size than the entire
268	268	county may be created subsequent to a general election where a
269	269	majority of the persons voting on the proposition adopt the
270	270	proposition "to allow the division of ____________ County into
271	271	judicial districts composed of parts of ____________ County." No
272	272	redistricting plan may be proposed or adopted by the legislature,
273	273	the Judicial Districts Board, or the Texas [Legislative]
274	274	Redistricting Commission [Board] in anticipation of a future action
275	275	by the voters of any county.
276	276	SECTION 3. Sections 25, 26, and 28, Article III, Texas
277	277	Constitution, are repealed.
278	278	SECTION 4. The following temporary provision is added to
279	279	the Texas Constitution:
280	280	TEMPORARY PROVISION. (a) This temporary provision applies to
281	281	the constitutional amendment proposed by the 87th Legislature, 3rd
282	282	Called Session, 2021, establishing the Texas Redistricting
283	283	Commission to redistrict the Texas Legislature and Texas
284	284	congressional districts and revising procedures for redistricting.
285	285	(b) On January 1, 2029:
286	286	(1) Sections 28a, 28b, and 28c, Article III, of this
287	287	constitution take effect;
288	288	(2) the amendments to Section 7a, Article V, of this
289	289	constitution take effect;
290	290	(3) Sections 25, 26, and 28, Article III, of this
291	291	constitution are repealed; and
292	292	(4) the Legislative Redistricting Board is abolished.
293	293	(c) This temporary provision expires January 1, 2030.
294	294	SECTION 5. This proposed constitutional amendment shall be
295	295	submitted to the voters at an election to be held November 8, 2022.
296	296	The ballot shall be printed to permit voting for or against the
297	297	following proposition: "The constitutional amendment establishing
298	298	the Texas Redistricting Commission to redistrict the Texas
299	299	Legislature and Texas congressional districts and revising
300	300	procedures for redistricting."